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If you are being abused by your U.S. Citizen or Lawful Permanent Resident ("green card") Spouse or Parent.
Or your child is being abused by his or her U.S. Citizen or Lawful Permanent Resident ("green card") Parent.
And you are Undocumented or Without Legal Immigration Status;
There ARE Immigration Laws which can help you escape the violence and get legal immigration status;
If these immigration laws apply to you, you can get legal status WITHOUT help from your battering spouse or parent.
What Do I Have To Show To Petition For Myself?
To self-petition successfully for legal status under the immigration laws for battered spouses and children, you have to show all of the following:
- That you have been battered or suffered severe emotional abuse by your U.S. Citizen or Lawful Permanent Resident spouse or parent, or...
- That your child suffered battering or abuse by his or her U.S. Citizen or Lawful Permanent Resident parent;
- That you married your spouse in good faith, not to get immigration papers;
- That you lived with your spouse in the U.S. You must be married when you file the self-petition, although you do not need to be living with your spouse when you file your papers;
- That you and/or your children would suffer "extreme hardship" if you had to leave the United States; and...
- That you are a person of "good moral character".
Examples of "extreme hardship" and "good moral character" are listed in the Evidence section of this page.
What If I Am In Deportation Or Removal Proceedings?
You can self-petition or apply for "cancellation of removal". You can be granted cancellation of removal even if you are divorced from your battering spouse when you apply. To qualify for cancellation of removal, you have to show:
- The same things you need to show for the self-petition, and...
- That you have been in the U.S. for at least three continuous years.
What If My Battering Spouse Is Not A U.S. Citizen Or Lawful Permanent Resident, Or If I Was Never Married To The Batterer?
There may be other ways for you to get legal status. Call GBLS (Greater Boston Legal Services) or contact another legal service in your area familiar with this type of immigration situation to discuss your particular situation.
What If I Have A Conditional Or Temporary Green Card?
You MUST file a waiver of the joint petition. Call GBLS to discuss your situation.
What If I Have Been Receiving Public Assistance?
Call GBLS to discuss your situation. If your temporary need for help was due to abuse, it may not be a problem.
What Kind Of Evidence Will I Need?
Collecting the evidence you will need can be complicated but you should try to get as much as possible of the following:
Your marriage certificate.
Evidence that you and batterer lived together as a married couple, such as birth certificates of children, bills, leases, family photos, tax returns.
Proof of the abuse such as restraining or civil protection orders, police reports, medical records, criminal records of the batterer, a letter from a battered women's program, counseling records, photographs of injuries or bruises, affidavits of witnesses describing the abuse.
Evidence of good moral character such as proof that you have no criminal record, a letter from your religious institution, or evidence of community involvement.
Evidence of hardship if you return to your own country such as:
- Lack of legal protection from battering in your home country.
- Lack of employment opportunities in your country.
- Medical records which show treatments needed by yourself or your children which you could not get in your country.
- Amount of time you and your children have lived in the U.S.
- Legal status of your children and/or other family members in the U.S.
- Evidence of other services needed by you or your children which you could not get in your country.
You MUST provide a written affidavit describing the history of your relationship with the batterer.
What NOT To Do?
You SHOULD NOT go to the Immigration and Naturalization Service alone, even to ask for information. If you receive a notice to go to INS for an interview or a hearing, call GBSLS immediately.
You SHOULD NOT, under any circumstances, file any papers at the INS without first discussing your case with an advocate or attorney.
You SHOULD NOT get divorced until you have filed your papers with the INS. If you or your spouse have already started divorce proceedings, call GBLS immediately.
You SHOULD NOT keep your documents where your batterer may find them.
What To DO?
You SHOULD get help from a battered women's program or legal services. They can help you figure out your options.
If you are in need of support, resources, and/or a safe place for yourself and your children:
SALEM & NORTH SHORE AREA OF MASSACHUSETTS:
Help for Abused Women and their Children (H.A.W.C.)
H.A.W.C., Salem:978-744-6841 - 24-hour Hotline
978-744-8552 - Office
H.A.W.C., Gloucester:978-283-8641 - Office
H.A.W.C., Saugus:781-231-4026 - Outreach
Alternative House, Lowell:978-454-1436 - Hotline
978-458-0274 - Office
Women's Crisis Center of Newburyport:978-465-2155 - Hotline
Women's Resource Center:800-400-4700 - Hotline, Lawrence
978-373-4041 - Hotline, Haverhill
BOSTON AREA:Call the 24-hour Hotline at
Casa Myrna Vazquez, Inc.
1-800-992-2600
SafeLink Statewide Hotline: 1-877-785-2020
TTY: 1-877-521-2601
Website: www.casamyrna.org
If you are a battered immigrant woman or child who does not have a greencard or who has a conditional or temporary green card:Call the Battered Immigrant Woman's Project at
Greater Boston Legal Services (GBLS),
(617) 371-1234 x399 or 1-(800) 323-3205
for free legal assistance or referrals
This page relates to the law in effect as of January 1, 1998...
Information was obtained from
Community Legal Services and Counseling Center
One West Street Cambridge, MA 02139
and
Casa Myrna Vazquez, Inc.
P.O.Box 180019, Boston, MA 02118
OTHER RESOURCES
ABA Commission on Domestic Violence
740 15th Street, NW, 9th Floor
Washington, DC, 20005-1022
Email: abasvcctr@abanet.org
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